Virginia Law

As used in this chapter, unless the context requires a different meaning:

"Behind-the-wheel instructor" means an individual who meets the requirements for licensure under § 46.2-1708 and is employed by a training provider who provides behind-the-wheel training involving the actual operation of a commercial motor vehicle by an entry-level driver on a range or a public road.

"Behind-the-wheel training" means training provided by a licensed behind-the-wheel instructor when an entry-level driver has actual control of the power unit during a driving lesson conducted on a range or on a public road. "Behind-the-wheel training" does not include time an entry-level driver spends observing the operation of a commercial motor vehicle when he is not in control of the vehicle.

"Business records" means documents maintained by a driver training school, including all filed tax returns; Commission filings, if required by Title 13.1; beneficial ownership information filings, if required by 31 C.F.R. § 1010.380; vehicle registration and maintenance records; business licenses; insurance policies; and any documents required pursuant to § 46.2-1710.

"Class A licensee" means a driver training school that provides entry-level driver training in the operation of commercial motor vehicles as defined in § 46.2-341.4.

"Class B licensee" means a driver training school that provides training in the operation of any type of motor vehicle other than motorcycles and commercial motor vehicles as defined in § 46.2-341.4.

"Computer-based driver education course" means the classroom portion of driver education offered by a computer-based driver education provider through the Internet or other electronic means approved by the Department whose content and quality is comparable to that of courses offered in the Commonwealth's public schools.

"Computer-based driver education provider" means a driver training school licensed by the Department in accordance with this chapter to conduct computer-based driver education courses.

"Driver training school" or "school" means a business enterprise conducted by an individual, association, partnership, or corporation, for the education and training of persons, either practically or theoretically or both, to operate or drive motor vehicles, and charging a consideration or tuition for such services. "Driver training school" or "school" does not mean any institution of higher education, school established pursuant to § 46.2-1314, school maintained or classes conducted by employers for their own employees where no fee or tuition is charged, schools or classes owned and operated by or under the authority of bona fide religious institutions, or by the Commonwealth or any political subdivision thereof, training programs for school bus operators established pursuant to § 22.1-181, driver education programs established pursuant to § 22.1-205, or schools accredited by accrediting associations approved by the Department of Education; however, if any such entity or program excluded from the definition of "driver training school" offers driver education and training through a contractual arrangement with another person for consideration, then that other person shall be considered a driver training school subject to the requirements of this chapter.

"Driver training school owner" means (i) any person with an ownership interest in a driver training school and (ii) any person who contributed money or property to establish a driver training school and (a) is the spouse or child of or (b) cohabitates or has cohabited within the previous 12 months with a person with an ownership interest in a driver training school.

"Entry-level driver" means the same as defined in § 46.2-341.4.

"Entry-level driver training" means the same as defined in § 46.2-341.4.

"FMCSA" means the same as defined in § 46.2-341.4.

"Instructor" means any person, whether acting for himself as a driver training school owner or as an employee of a driver training school, who teaches, conducts classes, gives demonstrations, or supervises persons learning to operate or drive a motor vehicle.

"Key information" means the training provider name, address, phone number, type or types of training offered, training provider status, and any change in state licensure, certification, or accreditation status.

"Ownership interest in a driver training school" means (i) the right to receive 10 percent or more of the annual gross or net sales from such driver training school in a year; (ii) if such driver training school is a partnership, a control or financial interest as a general or limited partner; (iii) if such driver training school is a limited liability company, a control or financial interest as a member or manager; (iv) if such driver training school is an association, membership; or (v) if such driver training school is a closely held corporation, ownership of stock or serving as a director or officer.

"Range" means an area that is free of obstructions, enables the driver to maneuver safely and free from interference from other vehicles and hazards, and has adequate sight lines.

"Theory instruction" means knowledge instruction on the operation of a commercial motor vehicle and related matters provided by a licensed theory instructor through lectures, demonstrations, audio-visual presentations, computer-based instruction, driving simulation devices, online training, or similar means.

"Theory instructor" means an individual who meets the requirements for licensure under § 46.2-1708 and is employed by a training provider and who provides knowledge instruction on the operation of a commercial motor vehicle.

"Training provider" means the same as defined in § 46.2-341.4.

1990, c. 466; 2004, c. 587; 2016, c. 437; 2019, c. 750; 2024, cc. 107, 121; 2025, c. 79.